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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2021 NY Slip Op 01738 [192 AD3d 953]
Regular Panel Decision
Mar 24, 2021

Andres v. North 10 Project, LLC

The plaintiff, Mieczyslaw Andres, commenced an action to recover damages for personal injuries he sustained when an electrical panel box he was removing fell and struck him. He appealed from an order denying his motion for summary judgment on the issue of liability under Labor Law § 240 (1) against defendants North 10 Project, LLC, and HSD Construction, LLC. The Appellate Division, Second Department, affirmed the lower court's decision, concluding that the plaintiff failed to establish that the electrical panel box was an object requiring securing under Labor Law § 240 (1).

Personal InjuryLabor Law § 240 (1)Summary Judgment MotionFalling Object DoctrineAppellate DivisionLiabilityConstruction Site SafetyStatutory InterpretationWorkers' RightsPremises Liability
References
7
Case No. 2023 NY Slip Op 01287 [214 AD3d 785]
Regular Panel Decision
Mar 15, 2023

Mora v. 1-10 Bush Term. Owner, L.P.

John Mora, an injured plaintiff, along with his wife, sued 1-10 Bush Terminal Owner, L.P. after he fell from a ladder during demolition work, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' cross-motion for summary judgment on the issue of liability. The defendant appealed this decision, challenging the grant of summary judgment. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the plaintiffs had established a prima facie case and the defendant failed to raise a triable issue of fact.

Personal InjuryLadder AccidentDemolition WorkSummary JudgmentAppellate ReviewLabor Law § 240 (1)Proximate CauseNondelegable DutyElevated Work SitesSafety Devices
References
15
Case No. ADJ 4200496 (GRO 0030688)
Regular
Jan 19, 2010

FRANCISCO MARTINEZ-REYES vs. SOLAMAR FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the proper method for calculating permanent disability award commutations for a farm laborer with 100% disability sustained on February 10, 2004. The applicant appeals the administrative law judge's decision favoring the Uniformed Reduction (UR) method, arguing the Uniformed Increasing Reduction (UIR) method better accounts for state average weekly wage (SAWW) increases mandated by Labor Code section 4659. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for a new decision. The Board found the UIR method better serves the goal of consistent periodic payments, and the SAWW increase commencement date was not moot.

Workers' Compensation Appeals BoardUniformed Reduction (UR)Uniformed Increasing Reduction (UIR)State Average Weekly Wage (SAWW)Permanent Disability AwardCommutationLabor Code Section 4659Life PensionTotal Permanent DisabilityCost of Living Adjustment (COLA)
References
1
Case No. MISSING
Regular Panel Decision

Trapani v. 10 Arial Way Associates

Cesare Trapani, an employee of P & W Electric, Inc., was injured at a construction site owned by 10 Arial Way Associates and managed by The Marcus Organization, Inc. Both property owner and manager sought defense and indemnification as additional insureds under an insurance policy issued by Assurance Company of America to P & W. A Judicial Hearing Officer initially found them to be additional insureds, a finding upheld by the Supreme Court which denied summary judgment to P & W and Assurance. On appeal, the order was reversed. The appellate court determined that the work contract did not expressly or specifically require additional insured coverage, and a certificate of insurance alone was insufficient. Consequently, the motions by P & W Electric, Inc. and Assurance Company of America were granted, the cross-motions by 10 Arial Way Associates and The Marcus Organization, Inc. were denied, and a judgment was entered declaring that the latter are not entitled to insurance coverage as additional insureds.

Additional InsuredInsurance PolicyContract InterpretationSummary JudgmentDeclaratory JudgmentConstruction Site InjuryThird-Party LiabilityCertificate of Insurance ValidityWork ContractAppellate Procedure
References
11
Case No. ADJ361974
Regular
Feb 11, 2013

ANA VELASQUEZ vs. AMERICAN BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $1,000 sanction against applicant's attorney, Peter T. Brown, and his firm. The original sanction was for violating rules regarding supervision of non-attorney employees and requiring specific written authorization for settlement documents. The WCAB found Brown's conduct, including alleged misrepresentations and failure to adequately supervise his employee's submission of a compromise and release without full disclosure, warranted an increased sanction. The WCAB is now considering imposing a sanction of up to $2,500 and has given Brown an opportunity to show cause why this increase is not warranted.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompromise and ReleaseSupervisionWritten AuthorizationCumulative TraumaGood Faith Negotiation
References
0
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. STK 161185, STK 172919
Regular
Apr 21, 2008

DARLINE STEWART vs. LEPRINO FOODS

This case concerns a lien claimant, Dr. Madireddi, seeking increased compensation for medical-legal reports. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, affirming the original decision but amending it to award Dr. Madireddi higher fees for her reports. The amended decision includes compensation for report preparation, stop-pay expenses, a 10% increase, and 7% annual interest for both reports.

Workers' Compensation Appeals BoardLeprino FoodsDarline StewartLien ClaimantL. Neena MadireddiMedical-Legal ReportFindings and OrderPetition for ReconsiderationWCJFee
References
0
Case No. ADJ4646082 (OAK 0341803)
Regular
Jul 22, 2016

WILLIAM MATEO vs. B&C TRANSIT CONSULTANTS, INC.

The Workers' Compensation Appeals Board granted reconsideration to increase the applicant's award by 10% under Labor Code section 4554 due to the employer's willful failure to secure workers' compensation insurance. The Board found that the employer failed to meet its burden of proving its uninsured status was not willful, despite stipulations of uninsured status. The applicant's attorney's fees were also increased to include 15% of the penalty award.

Labor Code section 4554Willful failure to secure compensationPrima facie evidence of willfulnessIncreased compensationUninsured employers fundPetition for reconsiderationFindings of Fact and AwardDecision after reconsiderationTemporary disability indemnityPermanent disability indemnity
References
0
Case No. ADJ4441041 (MON 0231321)
Regular
Feb 08, 2011

GILDA MITCHELL vs. UNITY HOME HEALTH, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR PACIFIC, BROADSPIRE

The applicant sought reconsideration of a workers' compensation award, primarily arguing for a higher permanent disability rating and increased attorney fees. The Board granted reconsideration, affirming the original award but increasing the attorney's fee from 6% to 10% of the permanent disability indemnity. The Board found the WCJ correctly relied on Dr. Biscaro's apportionment opinion, as it constituted substantial evidence. The Board also found no substantial evidence supported claims of industrial injury to the applicant's shoulder or a compensable psychiatric injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersIndustrial InjuryRight Knee InjuryLow Back InjuryNurse's AideTemporary DisabilityPermanent DisabilityApportionment
References
3
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